Defining Civil and Political Rights

Conte, Alex; Burchill, Richard

doi:10.4324/9781315576244

Cited by 25 publications

(3 citation statements)

References 0 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…The UK was also included. The inclusion of long term resident third country nationals seeking to transit to the EU state of residence supports the UN Human Rights Committee's interpretation of the human right contained in Article 12(4) UN International Covenant on Civil and Political Rights (to enter one's country) as extending also to resident aliens (General Comment 27;Nowak, 1993;Conte and Burchill, 2016). But it is neither fundamental right under Article 45 of the EU Charter of Fundamental Rights which is reserved for EU citizens nor is it a human right under Article 4(2) Protocol 4 European Convention of Human Rights (ECHR) which is limited to nationals (Peers et al, 2014;Schabas, 2015).…”

Section: The Legal Challengementioning

confidence: 67%

Covid-19 Using Border Controls to Fight a Pandemic? Reflections From the European Union

Guild

2020

Front. Hum. Dyn.

View full text Add to dashboard Cite

When Covid-19 was acknowledged to have arrived in Europe in February-March 2020, politicians and public health authorities scrabbled to find appropriate and effective responses to the challenges. The EU obligation contained in Article 9 Treaty on the Functioning of the European Union (TFEU) requiring the EU (including the Member States to achieve a common protection on human health, however, seems to have been missing from the responses.) Instead, borders and their control became a site of substantial political debate across Europe as a possible venue for effective measures to limit the spread of the pandemic. While the most invasive Covid-19 measures have been within EU states, lockdown, closure of businesses etc., the cross-border aspects (limitations on cross border movement) have been important. In the European Union this had important consequences for EU law on border controls, in particular free movement of persons and the absence of controls among Schengen states. It also implicated border controls with third countries, including European Free Trade Area (EFTA and Switzerland) all states neighboring the EU, the UK (having left the EU on 1 January 2020) the Western Balkans and Turkey. While EU law distinguishes between Schengen borders where no control takes place on persons, non-Schengen EU borders, where controls take place but are limited to identity checks and border controls with third countries and external borders with third countries (non-EFTA or Swiss) the responses of many Member States and the EU institutions abandoned many aspects of these distinctions. Indeed, the difference between border controls between states (inside Schengen, the EU, EFTA, or outside) and internal restrictions on movement became increasingly blurred. Two approaches—public health and public policy—were applied simultaneously and not always in ways which were mutually coherent, or in any way consistent with the Article 9 TFEU commitment. While the public health approach to movement of persons is based on ensuring identification of those in need of treatment or possibly carrying the disease, providing treatment as quickly as possible or quarantine, the public policy approach is based on refusing entry to persons who are a risk irrespective of what that may mean in terms of propagating the pandemic in neighboring states or states of origin. I will examine here the ways in which the two approaches were applied in the EU from the perspective of EU law on border controls.

show abstract

Section: The Legal Challengementioning

confidence: 67%

Covid-19 Using Border Controls to Fight a Pandemic? Reflections From the European Union

Guild

2020

Front. Hum. Dyn.

View full text Add to dashboard Cite

show abstract

“…There is a consensus on the three most important sources or documents which constitute the International Bill of Rights: The Universal Declaration of Human Rights and the two covenants 92 defining more precisely the 'civil and political' and 'social, economic and cultural' rights. (Conte -Burchill, 2009). Some authors refer to cultural rights as a distinct group of rights whereas Frezzo Frezzo (2011) indicates that a new "generation" of rights, namely environmental rights are in the making.…”

Section: Ii11 Human Rights and The Role Of The Statementioning

confidence: 99%

Between Hopes and Reality : About Civil Society and Political Participation in Hungary Between 1990 and 2010

Gerő¹

2018

View full text Add to dashboard Cite

“…23 ICCPR. 526-527 and Conte and Burchill (2009). 12 ECHR for lack of consensus in the European area, but in light of social developments (and in spite of the reference contained in that provision to "men and women"), it offered a more extensive interpretation of marriage, affirming that the Court would no longer consider that the right to marry enshrined in Article 12 must in all circumstances be limited to marriage between two persons of the opposite sex.…”

Section: Chapter 13mentioning

confidence: 99%